Terms & Conditions
Terms and Conditions – Unimed Electrodes Supplies Ltd:
These terms of trading supersede all previous terms and shall form the basis of any contract entered in to by us, for the supply of goods after 1st September 2019.
Definitions:
Customer: Person, company, or authorised representative of any organisation that purchases goods from Unimed Electrode Supplies Ltd.
Unimed Electrode Supplies Ltd: Authorised representative of the company.
Prices:
We reserve the right to adjust pricing by any amount corresponding to any increase in costs occurring after the date of an order due to factors outside of its control.
Terms:
Terms shall only be granted with expressed consent of Unimed Electrodes Supplies Ltd, where terms have not been agreed, payment shall be expected in advance of goods being dispatched.
Where terms have been agreed, they are strictly 30 days net. Any invoice queries must be raised within 21 days of the invoice being issued to allow time for it to be rectified in order that payment shall still be received within 30 days.
If the customer fails to make payment by the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
Cancel the contract or suspend any further deliveries of goods to the customer.
Refer the matter to our debt collection agency, which will incur a surcharge of 18.3% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge and that of the same can be enforced against you in court. You also agree to pay interest at the relevant rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, of which interest is payable both after and before any judgement of the Court and continues to accrue until paid.
Restocking Charge:
Any goods delivered in accordance with a customer’s order, subsequently returned to Unimed Electrodes Supplies Ltd within 28 days of delivery for any reason other than faulty manufacture, will be subject to a restocking charge equal to 10% of the invoice value of the goods. A credit for the difference shall only be raised upon stock being returned by the customer in the same condition as when they were dispatched by us. Any goods received after 28 days period will not be accepted by the company and the invoice must be paid in full.
Delivery:
We shall endeavour to deliver goods in line with a customer’s request and in a speedy manner but if from any cause other than wilful default of Unimed Electrode Supplies, delivery is delayed, we shall not be responsible for any loss or damage thereby to the customer.
Where the delivery is by fixed instalments, each instalment deliverable under the contract shall be deemed delivered under a separate contract, Defective deliveries of one or more instalments shall not entitle the customer to repudiate the contract regarding any instalments remaining deliverable.
Additional Delivery Charges:
We may at our discretion, charge such additional sum for delivery and insurance of the goods as is reasonable to cover:
Unusual or special arrangements requested by the customer in respect of the goods.
Any additional cost incurred by us from a third party in respect of delivery charges.
Delivery of the goods to be addressed outside the UK mainland.
Delays in delivery of the goods caused by the instructions of the customer and or by the failure of the customer to supply adequate delivery instructions to us.
Delivery of Incorrect Goods:
The customer shall inspect the goods immediately upon delivery and shall within 28 days after delivery give notice to us of any matter or issue by reason whereby they may allege the goods are not in accordance with the contract. If the customer fails to give such notice, the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly.
Returned Goods:
Goods should be returned to our premises in the same condition as they were dispatched within 28 days of delivery. They shall not be accepted if they are damaged or if quantities differ from the description on the packaging. Any returns shall not be accepted by us should they be returned after our 28 days return policy and the customer must pay the invoice in full.
Risk:
The risk of the goods shall remain with us until delivery by us or collection by the customer or payment for the goods by the customer, whichever is earlier, at which time the risk of the goods shall be transferred to the customer.
Reservation of Title:
The ownership of goods delivered under any contract shall remain with Unimed Electrode Supplies Ltd until payment is made in full for all monies owing, whether it be under this or any other outstanding contract.
If any payment is overdue under any contract between the two parties, or the customer enters or threatens to enter any insolvency arrangements or procedure (including, but not limited to administration, receivership or liquidation) Unimed may, without prejudice to any of its rights , recover or recall any or all of the goods which we retain title by virtue of this condition and may, whether by itself or by agents duly appointed, enter upon the customers premises for that purpose.
Notwithstanding that title to the goods has not passed to the customer, we shall be entitled to maintain an action for the price of the goods.
Each paragraph or sub paragraph of this condition is separate, severable and distinct.
Guarantee:
Except as otherwise provided in these conditions, sections 12 of the Sale of Goods Act 1979 is implied into the contract
If the condition of the goods or services is such as might (subject to these conditions) entitle the customer to claim damages, to repudiate the contract or to reject the goods or services the customer must first ask us to repair or supply satisfactory substitute goods or services free of charge and within a reasonable time or to repay the price of the goods or service in respect of which the complaint is made.
Should we repair or supply substitute goods or services or pay a refund to the customer, Unimed shall be under no further liability in the respect of any loss or damage of whatever nature arising in relation to those goods or services.
Liability:
Where Unimed or their appointed agents deliver goods to the customer, the point of delivery will be the responsibility of the vehicle side and we accept no liability for losses, costs and other claims in connection with the transfer of the goods from the vehicle side to the customers storage location.
For the purpose of delivery, we will ensure to pack the goods in a way that will eliminate or reduce the risk of damage during the delivery process but shall not be held responsible once the goods have been accepted by the customer.
Mixing of the goods shall be at the customers risk upon delivery and we shall only be held liable to incorrect mixing up until delivery to the customers site.
For the avoidance of doubt, under no circumstances whatsoever shall we be liable for losses special to particular circumstances of the customer, indirect or consequential losses of profits, damage to property or wasted expenditure. Furthermore, our liability shall not exceed the contract price of the goods.
Termination:
We shall be entitled forthwith to terminate any contract between us and the customer by written notice if the customer fails to pay any invoice in accordance with these conditions, where control of the customer changes during the period of the contract or where the customer commits any continuing or material breach of these conditions of the sale, or otherwise ceases or threatens to cease to carry on business.
Assignment
The contract between our selves is principal and is not assignable without the consent of Unimed Electrode Supplies Ltd.
Force Major:
We shall have the right to cancel or delay performance of the delivery of goods if it is prevented or hindered in, or delayed in manufacturing or delivering the goods or any part thereof through and circumstances beyond our reasonable control, including but not limited to war, riot, government requisitions of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, flood, fire, explosion, accident, failure of a third party to supply us, breakdown of machinery or anything directly or indirectly interfering with the raw materials or manufacture, supply shipment, arrival or delivery of the goods. During any such period of cancelation, the customer shall have the right to purchase elsewhere at its own risk and such quantities of the goods as may be necessary.
Variations:
No variation to any contract shall have effect unless signed in writing on behalf of Unimed Electrode Supplies Ltd by an authorised representative.
Jurisdiction:
This contract is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts and England and Wales.
V.2019.11